People rallied outside the federal building in Burlington Monday as a judge heard arguments whether an 18-year-old detainee should be released from custody.
Heidi Perez and her stepfather, Jose Ignacio De La Cruz, – known as Nacho - are leaders of Migrant Justice – a Vermont-based advocacy group led by immigrant farmworkers. On June 14th, U.S. Customs and Border Protection agents stopped them on Vermont Route 105 in Richford while they were delivering food to other migrant workers. They have been in custody since.
On Monday afternoon, advocates crowded on the street in front of the federal building in Burlington outside a court hearing to determine if Perez should be released from detention pending further legal proceedings. De La Cruz is due in court Tuesday afternoon.
Both Perez and De La Cruz are originally from southern Mexico.
Migrant Justice organizer Wil Lambek led the rally, which was part of a nationwide resistance to the Trump administration’s deportation policies.
“We are out here today, as everybody knows, to demand freedom for Heidi and Nacho, two detained community leaders who have been unjustly held in detention for three weeks now, since their violent apprehension by Border Patrol,” Lambek said as he roused the crowd.
Perez had graduated from Milton High School north of Burlington days before her detention. Jamie Fletcher works at the school.
“I was in class with her and she’s, she’s just a really sweet person and doesn’t deserve what’s happening right now,” Fletcher said. “I think it should hit home for everybody when the Constitution is being violated and people are being basically kidnapped and held for no reason.”
Georgia, Vermont, resident Fred LaVallee came to the rally because he feels it’s time to take a stand.
"I’ve had enough. They’re not going to go over just marginalized groups. I imagine a lot of people have read the (Martin) Niemöller poem. First they came for the Jews. Well, I wasn’t a Jew so I didn’t stand up. Then they came for the gypsies. I wasn’t a gypsy. Then when they came for me there was no one left to stand up for me.” Lavallee continued, “ I don’t want it to come to that but I think that it’s going to spill over at some point when people begin feeling that they’re going to come for them.”
Lambek provided updates to the crowd on the proceedings, while also criticizing ICE and Border Patrol actions
“Right now the court is hearing from the border patrol agent who pulled over and arrested Nacho and Heidi. What we have seen in the affidavit that he has presented to the court paints a picture that is almost laughable in how flimsy the government’s pretexts are for the cause of their stop and detention.” Lambek pauses, “It would be laughable were the consequences not so serious.”
While Lambek characterized the federal evidence as flimsy, he appeared disappointed when Federal District Court Judge Christina Reiss ended the hearing requesting more information from both sides.
“Bail was not denied today but the judge deferred a decision which means that she’ll be back in court. We don’t know exactly what date,” Lambek told the crowd. “This is not the result that we wanted today. It’s not the result that justice demanded but this is not the end, the fight is just beginning and we are going to continue to fight!”
Perez’ Attorney Brett Stokes was optimistic following the hearing.
“It’s not over yet,” Stokes asserted. “I think that with a little bit more time to respond to the government’s evidence and arguments, I think we might have a good claim. I still think that our claims are good. I still think that Heidi’s petition could still survive. I think we satisfied factors. But the judge wants a little bit more. We’ll give it to her. We’re still in this.”
The next court date for Heidi Perez is pending.